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The question

Did a divorce occur for the wife if the husband's statement to her, "I divorce you if you don't get up," did not mean her getting up to work immediately, but rather getting up after she woke up, and the husband postponed the invitation before she got up to do the work?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

We can summarize the answer in the following points:

1. An expiation for an oath is not required if the wife has complied with what was sworn upon. 2. Postponing the wedding banquet does not negate the occurrence of divorce because the one who caused the postponement is the swearer, and therefore what is called "al-bisat" (the arrangement) is of no avail in this situation. 3. The divorce is effective according to the majority of scholars, and the swearer is required to offer expiation for an oath according to Sheikh al-Islam Ibn Taymiyyah if he did not intend divorce but rather to compel the wife to hold the banquet. 4. The wife can be taken back before her waiting period (iddah) ends if this divorce does not complete the three divorces, and the return (raj'ah) can be effected by word or deed.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
113875
Imported
Translation status
Source text, unreviewed
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